1 / 15

CHAPTER 18: FORM AND INTERPRETATION OF CONTRACTS

CHAPTER 18: FORM AND INTERPRETATION OF CONTRACTS. CHAPTER 18: FORM AND INTERPRETATION OF CONTRACTS. Learning Objectives: Statute of Frauds Exceptions to the Statute of Frauds Common Law Exceptions Code Exceptions Parol Evidence Rule Construction and Interpretation of Contracts.

kiara
Télécharger la présentation

CHAPTER 18: FORM AND INTERPRETATION OF CONTRACTS

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CHAPTER 18: FORM AND INTERPRETATION OF CONTRACTS

  2. CHAPTER 18: FORM AND INTERPRETATION OF CONTRACTS Learning Objectives: Statute of Frauds Exceptions to the Statute of Frauds Common Law Exceptions Code Exceptions Parol Evidence Rule Construction and Interpretation of Contracts Chapter 18

  3. STATUTE OF FRAUDS • Approach: Certain contracts have to be in writing to be enforceable. Chapter 18

  4. STATUTE OF FRAUDS • Approach: Certain contracts have to be in writing to be enforceable. • Which types of contracts have to be in writing to be enforceable? Chapter 18

  5. Contracts That Need To Be in Writing • Guaranty Contracts • Applies to Secondary Contracts ONLY • Determining the main purpose Chapter 18

  6. Contracts That Need To Be in Writing • Guaranty Contracts • Contracts Involving Interests in Land • Types: • Entire interest • Easements • Leases (for more than one year) • Exception: Part Performance Chapter 18

  7. Contracts That Need To Be in Writing • Guaranty Contracts • Contracts Involving Interests in Land • Contracts That Cannot be Performed Within One Year Chapter 18

  8. Contracts That Need To Be in Writing • Guaranty Contracts • Contracts Involving Interests in Land • Contracts That Cannot be Performed Within One Year • Contracts for the Sale of Goods (Code) Chapter 18

  9. Contracts That Need To Be in Writing • Guaranty Contracts • Contracts Involving Interests in Land • Contracts That Cannot be Performed Within One Year • Contracts for the Sale of Goods (Code) • Contracts for the Sale of Personal Property Other Than Goods (Code) Chapter 18

  10. STATUTE OF FRAUDS • Approach: Certain contracts have to be in writing to be enforceable. • Which types of contracts have to be in writing to be enforceable? • Writing Required to Satisfy the Statute of Frauds Chapter 18

  11. Writing To Satisfy the Statute of Frauds • Under Common Law • Who? • Kind of Writing? • Under Code Provisions • Who? • Kind of Writing? Chapter 18

  12. EXCEPTIONS TO THE STATUTE OF FRAUDS • Common Law Exceptions • Part Performance • Promissory Estoppel • Code Exceptions • Written Confirmation Between Merchants • Specially Manufactured Goods • Judicial Admissions • Part Performance Chapter 18

  13. PAROLE EVIDENCE RULE • Theory: Oral and written information that is prior to or contemporaneous with the formation of a written contract is excluded. • Exceptions • Importance Reduced in the Code Chapter 18

  14. CONSTRUCTION AND INTERPRETATION OF CONTRACTS • Unambiguous Language • Ambiguous Language • Ordinary meaning • Contract as a whole • Construed against drafting party Chapter 18

  15. CHAPTER 18: FORM AND INTERPRETATION OF CONTRACTS

More Related